Full Text of HB4264 95th General Assembly
HB4264ham001 95TH GENERAL ASSEMBLY
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Aging Committee
Filed: 2/22/2008
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09500HB4264ham001 |
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LRB095 15201 DRJ 46571 a |
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| AMENDMENT TO HOUSE BILL 4264
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| AMENDMENT NO. ______. Amend House Bill 4264 on page 1, line | 3 |
| 5, by replacing "30 and 45" with "30, 45, and 110"; and
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| on page 4, between lines 5 and 6, by inserting the following: | 5 |
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" (d) Notwithstanding any other rulemaking authority that | 6 |
| may exist, neither the Governor nor any agency or agency head | 7 |
| under the jurisdiction of the Governor has any authority to | 8 |
| make or promulgate rules to implement or enforce the provisions | 9 |
| of this amendatory Act of the 95th General Assembly. If, | 10 |
| however, the Governor believes that rules are necessary to | 11 |
| implement or enforce the provisions of this amendatory Act of | 12 |
| the 95th General Assembly, the Governor may suggest rules to | 13 |
| the General Assembly by filing them with the Clerk of the House | 14 |
| and Secretary of the Senate and by requesting that the General | 15 |
| Assembly authorize such rulemaking by law, enact those | 16 |
| suggested rules into law, or take any other appropriate action | 17 |
| in the General Assembly's discretion. Nothing contained in this |
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09500HB4264ham001 |
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LRB095 15201 DRJ 46571 a |
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| amendatory Act of the 95th General Assembly shall be | 2 |
| interpreted to grant rulemaking authority under any other | 3 |
| Illinois statute where such authority is not otherwise | 4 |
| explicitly given. For the purposes of this amendatory Act of | 5 |
| the 95th General Assembly, "rules" is given the meaning | 6 |
| contained in Section 1-70 of the Illinois Administrative | 7 |
| Procedure Act, and "agency" and "agency head" are given the | 8 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 9 |
| Administrative Procedure Act to the extent that such | 10 |
| definitions apply to agencies or agency heads under the | 11 |
| jurisdiction of the Governor. "; and
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| on page 5, between lines 8 and 9, by inserting the following: | 13 |
| " Notwithstanding any other rulemaking authority that may | 14 |
| exist, neither the Governor nor any agency or agency head under | 15 |
| the jurisdiction of the Governor has any authority to make or | 16 |
| promulgate rules to implement or enforce the provisions of this | 17 |
| amendatory Act of the 95th General Assembly. If, however, the | 18 |
| Governor believes that rules are necessary to implement or | 19 |
| enforce the provisions of this amendatory Act of the 95th | 20 |
| General Assembly, the Governor may suggest rules to the General | 21 |
| Assembly by filing them with the Clerk of the House and | 22 |
| Secretary of the Senate and by requesting that the General | 23 |
| Assembly authorize such rulemaking by law, enact those | 24 |
| suggested rules into law, or take any other appropriate action | 25 |
| in the General Assembly's discretion. Nothing contained in this |
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09500HB4264ham001 |
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LRB095 15201 DRJ 46571 a |
|
| 1 |
| amendatory Act of the 95th General Assembly shall be | 2 |
| interpreted to grant rulemaking authority under any other | 3 |
| Illinois statute where such authority is not otherwise | 4 |
| explicitly given. For the purposes of this amendatory Act of | 5 |
| the 95th General Assembly, "rules" is given the meaning | 6 |
| contained in Section 1-70 of the Illinois Administrative | 7 |
| Procedure Act, and "agency" and "agency head" are given the | 8 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 9 |
| Administrative Procedure Act to the extent that such | 10 |
| definitions apply to agencies or agency heads under the | 11 |
| jurisdiction of the Governor. "; and
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| on page 5, after line 9, by inserting the following:
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| "(210 ILCS 9/110)
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| Sec. 110. Powers and duties of the Department.
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| (a) The Department shall conduct an annual unannounced | 16 |
| on-site visit at
each
assisted living and shared
housing | 17 |
| establishment to determine compliance with applicable | 18 |
| licensure
requirements and
standards , except for those | 19 |
| establishments granted a 2-year license as provided in Section | 20 |
| 45. For those establishments granted a 2-year license, the | 21 |
| Department shall conduct an unannounced on-site visit every 2 | 22 |
| years . Additional visits may be conducted without prior notice | 23 |
| to the
assisted living
or shared housing
establishment.
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| (b) Upon receipt of information that may indicate the |
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09500HB4264ham001 |
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LRB095 15201 DRJ 46571 a |
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| failure of the
assisted living or shared housing
establishment | 2 |
| or a service provider to comply with a provision of this Act,
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| the Department shall
investigate the matter or make appropriate | 4 |
| referrals to other government
agencies and entities having
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| jurisdiction over the subject matter of the possible violation. | 6 |
| The Department
may also make
referrals to any public or private | 7 |
| agency that the Department considers
available for appropriate
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| assistance to those involved. The Department may oversee and | 9 |
| coordinate the
enforcement of State
consumer protection | 10 |
| policies affecting residents residing in an establishment
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| licensed under this Act.
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| (c) The Department shall establish by rule complaint | 13 |
| receipt,
investigation,
resolution, and involuntary
residency | 14 |
| termination procedures. Resolution procedures shall provide | 15 |
| for
on-site review and
evaluation of an assisted living or | 16 |
| shared housing establishment found to be
in violation of this | 17 |
| Act
within a specified period of time based on the gravity and | 18 |
| severity of the
violation and any pervasive
pattern of | 19 |
| occurrences of the same or similar violations.
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| (d) The Governor shall establish an Assisted Living and | 21 |
| Shared Housing Standards and Quality of Life
Advisory Board.
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| (e) The Department shall by rule establish penalties and | 23 |
| sanctions, which
shall include, but need not be limited to,
the | 24 |
| creation of a schedule of graduated penalties and sanctions to | 25 |
| include
closure.
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| (f) The Department shall by rule establish procedures for |
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LRB095 15201 DRJ 46571 a |
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| disclosure of
information to the public, which
shall include, | 2 |
| but not be limited to, ownership, licensure status, frequency | 3 |
| of
complaints, disposition of
substantiated complaints, and | 4 |
| disciplinary actions.
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| (g) (Blank).
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| (h) Beginning January 1, 2000, the Department shall begin | 7 |
| drafting rules
necessary for the administration
of this Act.
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| (i) Notwithstanding any other rulemaking authority that | 9 |
| may exist, neither the Governor nor any agency or agency head | 10 |
| under the jurisdiction of the Governor has any authority to | 11 |
| make or promulgate rules to implement or enforce the provisions | 12 |
| of this amendatory Act of the 95th General Assembly. If, | 13 |
| however, the Governor believes that rules are necessary to | 14 |
| implement or enforce the provisions of this amendatory Act of | 15 |
| the 95th General Assembly, the Governor may suggest rules to | 16 |
| the General Assembly by filing them with the Clerk of the House | 17 |
| and Secretary of the Senate and by requesting that the General | 18 |
| Assembly authorize such rulemaking by law, enact those | 19 |
| suggested rules into law, or take any other appropriate action | 20 |
| in the General Assembly's discretion. Nothing contained in this | 21 |
| amendatory Act of the 95th General Assembly shall be | 22 |
| interpreted to grant rulemaking authority under any other | 23 |
| Illinois statute where such authority is not otherwise | 24 |
| explicitly given. For the purposes of this amendatory Act of | 25 |
| the 95th General Assembly, "rules" is given the meaning | 26 |
| contained in Section 1-70 of the Illinois Administrative |
|
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09500HB4264ham001 |
- 6 - |
LRB095 15201 DRJ 46571 a |
|
| 1 |
| Procedure Act, and "agency" and "agency head" are given the | 2 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 3 |
| Administrative Procedure Act to the extent that such | 4 |
| definitions apply to agencies or agency heads under the | 5 |
| jurisdiction of the Governor. | 6 |
| (Source: P.A. 93-1003, eff. 8-23-04.)".
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